The SDFLA Blog is dedicated to providing news and notes regarding federal practice in the Southern District of Florida. The New Times calls the blog "the definitive source on South Florida's federal court system." All tips on court happenings are welcome and will remain anonymous. Please email David Markus at dmarkus@markuslaw.com

Tuesday, October 23, 2007

Restaveks in Federal Court

Federal court documents paint a grim picture of a slave-like life for Simone Celestin -- 15-hour work days, seven days a week, no schooling and no freedom. An orphan smuggled into Miami from Haiti at age 14, she lived in a Southwest Miami home for almost six years, fearful of being deported, under conditions that amounted to involuntary servitude, prosecutors say.

Looks like an interesting case, which is headed to trial:

Four people -- a mother, two daughters and one ex-husband of a daughter -- were indicted in connection with the case in April. Charges include human trafficking and forced labor.

The indictment said Evelyn Theodore and her daughters, Maude Paulin and Claire Telasco, hit the girl with hands, fists and ''other objects'' to force her to work as a servant in their house in South Miami-Dade and in other houses.

''The prosecution of individuals involved in human trafficking is a top priority of the Justice Department,'' a U.S attorney's office statement said at the time of indictment.

The defense responds:''These were well-intentioned people who had high hopes for improving Simone's future lifestyle,'' said Richard Dansoh, the Coral Gables lawyer defending Maude Paulin. ``They did not put any restrictions on her. They did try to advise her that, as she came of age, she needed to be careful about running around with men.''

As further proof, he cited a Miami-Dade police report showing that an anonymous abuse complaint lodged in 2000 was investigated at the home -- and determined to be unfounded.

The police report noted that the complaint involved the 14-year-old girl who reportedly had been ``smuggled into the country from Haiti and was being forced to work in the home as a maid.''

The report said a state investigator found the child to be in good health, that she spoke only Creole and there were ''no signs of child abuse/neglect.'' The report also noted that police had notified immigration officials about a ``possible illegal immigrant.''

9 comments:

Anonymous
said...

“Rebellious teenager “

School record from Dade County was shown today at the court that the couple did try to register her in school.

The report said a state investigator found the child to be in good health, that she spoke only Creole and there were ''no signs of child abuse/neglect.'' The report also noted that police had notified immigration officials about a ``possible illegal immigrant

As further proof, he cited a Miami-Dade police report showing that an anonymous abuse complaint lodged in 2000 was investigated at the home -- and determined to be unfounded.

The police report noted that the complaint involved the 14-year-old girl who reportedly had been ``smuggled into the country from Haiti and was being forced to work in the home as a maid.''

But the defense attorney's said there is no evidence Celestin was ever abused. They depicted her as a rebellious teenager who ran away and only alleged abuse to secure residency in the U.S.

SCHOOL RECORD from Dade County was shown today at the court proving that the couple have tried to register Ceslestin in school and a buss pass was issued, and the school have reconsider the application and the demand was TURN DOWN.

The report said a state investigator found the child to be in good health, that she spoke only Creole and there were ''NO SIGNS OF CHILD ABUSE/NEGLECT.'' The report also noted that police had notified immigration officials about a ``possible illegal immigrant

As further proof, he cited a Miami-Dade police report showing that an anonymous abuse complaint lodged in 2000 was investigated at the home -- and determined to be UNFOUNDED.

But the defense attorney's said there is no evidence Celestin was ever abused. They depicted her as a rebellious teenager who ran away and only alleged abuse to SECURE RESIDENCY IN THE U.S.

Pastor of the church has explained that Simone has participated in several of their youth program. She was a happy teenager and when she wanted to attend the youth program at night, she would call them for a ride and they would have one of the parents pick her up.• A garment she has purchased at the mall was shown to her during trial. She admitted that she purchased it at the mall when she went to the mall with one of the teenager of the family. So she did go to the mall.• Many teenagers came forward and explained to the Court how they used to go to the movies together. One of them precisely said that they have seen “Batman” together• Even Momperous the prosecutor’s witness who use to live with the family stated that Simone has never been sequestrated at home nor refrained from going out. • Simone deposition she stated she was able to go to south beach, and had boyfriends.• Slavery and Harboring for profit – can you please define these charges? Does this sound like this teenager was abused or did the family have her working for others and kept the money? There was not one witness who came forward saying that they used to pay the Paulins for service rendered by Simone.

This case clearly demonstrate the Fed's power to throw the book at someone and hope something sticks. Gross misuses of cultural differences. Based on articles read, case missing depth and facts. Couldn't we implement a system of redress based on factual discoveries during trial to even the playing field and prevent these malicious tactics? We need to reduce false charges to augment faith in the judicial process. For example, when someone doesn't resist arrest and is charged with resisting arrest in addition to other charges. Isn't this malicious intent toward the defendant?

The Southern District of Florida blog was started by David Oscar Markus, who is a criminal trial and appellate lawyer in Miami, Florida. He frequently practices in federal courts around the country, including his hometown, the Southern District of Florida and the 11th Circuit Court of Appeals. He is a former law clerk to then-Chief Judge of the District, Edward B. Davis.